You can collect unemployment (UE) benefits while on Workers’ Comp. To qualify for UE: you must demonstrate recent substantial attachment to the labor market; must be out of work through no fault of your own; and you must be ready, willing, and able to work and must be actively seeking employment.
This means that if you’re not totally disabled because of your work related injury you can look for work within your medical restrictions and collect UE.
You can apply online at Unemployment Insurance Benefits Online
So if you’re on Workers’ Comp. and eligible for UE, you should apply. Please come back for my next post in which I will discuss company doctors and why you should seek treatment for your work related injury from a doctor of your own choosing.
Thanks for reading,
Eric
____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com
Pingback: Thinking About Working Under The Table? Think Again! | NY Malpractice Attorney | New York | PA
Pingback: N.Y. Workers’ Comp. and Labor Market Attachment | NY Malpractice Attorney | New York | PA
Pingback: Emergency Unemployment Compensation | NY Malpractice Attorney | New York | PA
i worked for a company for 6 months (salry + comm) never paid commision, demanded my money..revieved checks in mail. had intentions of going back the following monday… they cancelled my checks and put stop payment on $4,000…and said i abandoned my job!!! am i entiled to unemployment
Hi Deirdre,
I would encourage you to apply for unemployment. Additionally, you may have claims against the employer and I would also encourage you to consult an attorney.
Good luck and thanks for reading!
Eric
____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com
Pingback: NY Workers’ Comp and Labor Market Attachment Revisited | NY Malpractice Attorney | New York | PA
I have a workmans comp case. Since I have been out ot work for over a year now. I have been receiveing UE benefits. I was fired off of my job because I have problems with carpotunnel. My lawyer tells me I have to pay back the money to unemployment if I settle up. I have not been taking out of work buy a doctor. But put on light duty. Why should I have to pay this money back to UE. I would appreciate your comments on this. Thank You MS, Setzer
Dear Eric,
I was injured on a part-time job and was getting wc payments. I filled out the periodic forms from the SIF, As I received raises, I verified my new salary on the froms, which were forwarded to my Attorney and then sent to the SIF. For some reason, the SIF and my Attorney did not notice my raises and was overpaid approx. $4,200.00. I now need surgery and am on unemployment due to being laid off. I will not have any income due to this error by the SIF and my Attorney. Is this error considered malpractice? If so, what are my options? Thank you for your help!
Hey Keith,
Given the relatively low dollar amount, $4,200, and a few other hurdles I doubt you have a legal malpractice case; however, that is not my practice area and if you feel strongly I would encourage you to set up an appointment with an attorney who practices in the area of legal malpractice.
I practice in the area of Workers’ Compensation and what concerns me is your statement that you won’t have any income because of this error. I have represented claimants who for a variety of reasons have overpayments (not as large as $4,200), but they’re eligible for lost time awards. In cases where there’s an overpayment, the Workers’ Compensation Law Judge generally allows the insurance company to recoup the overpayment by deducting a nominal sum from the weekly award. I encourage you to talk to your Workers’ Comp attorney about this.
Thanks for reading,
Eric
___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com
I want to know what this laguage means Continuous service or seniority shall be broken by any of the following contingencies: “Disablity which continues for more than six (6) months after expiration of Workers Compensation.”
Hey Rosalie,
I’d like a little context, but it sounds like your employer has a policy that a person whose disability continues more than 6 months after the expiration of Workers’ Compensation will lose his or her seniority.
If I’m right about that, I see a couple problems. First, I’d like to know when Workers’ Compensation expires. But more importantly, that sounds like it may be a discriminatory policy. If your employer is applying that policy in your case, I recommend that you consult with an experienced Workers’ Compensation attorney.
Thanks for reading and for the question,
Eric
___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com